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IUML moves SC to stay operation of CAA

Photo: MintPremium
Photo: Mint

  • IUML also seeks clarification whether the NRC and NPR are linked
  • IUML says if the operation of the CAA is not stayed, the issue will become ‘fait accompli’ as once the citizenship given to a person under the legislation, cannot be taken away

NEW DELHI : Indian Union of Muslim League (IUML) on Thursday has moved a plea in the Supreme Court to stay the operation of the Citizenship (Amendment) Act, 2019 which got notified on 10 January this year.

It has also moved a separate application to direct the Union of India to clarify as to whether the National Register of Citizens (NRC) and National Population Register (NPR) are linked and to further clarify as to whether a pan India NRC will be prepared and its exercise be implemented across India.

"Pass orders staying the operation of the notification dated January 10, issued by the Union of India directing the coming into force of the provisions of the Citizenship Amendment Act, 2019 from January 10 till the such time the present writ is pending before the court," the petition reads.

If the operation of the Amendment Act is not stayed, the issue will become 'fait accompli' as once the citizenship is given to a person under the legislation, it cannot be taken away, it added.

"Therefore since the Amendment Act is pending adjudication before this court, it would be in the interest of justice, that the operation of the Amendment Act, including such procedures under the Amendment Act for granting citizenship to illegal migrants be stayed until the matter is decided by the court," the application said.

Kerala on 15 January became the first state to move the Supreme Court challenging the Act.

The plea, filed under Article 131 of the Constitution on disputes between the Centre and states, said the Act violates the right to equality under Article 14 of the Constitution of India, right to life under Article 21, and freedom to practice religion under Article 25.

Supreme court will hear all petitions pertaining to Citizenship Amendment Act on 22 January.

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